Matt Denn Letter Rips NCS 5 Mile Radius and HS1 For House Bill 85 But Is Unable To Offer Official Legal Opinion

Newark Charter School

Delaware Attorney General Matt Denn responded yesterday to State Reps. Potter, Bolden and Kowalko’s request for a legal opinion on the constitutionality of HS1 for House Bill 85.  Denn offered valid legal reasons why he was unable to offer a legal opinion, but that he also agrees with the Enrollment Preferences Task Force recommendations for not having the 5 mile radius to begin with and believes all students within a district should be given preference to choicing into a charter school in the same district.


4 thoughts on “Matt Denn Letter Rips NCS 5 Mile Radius and HS1 For House Bill 85 But Is Unable To Offer Official Legal Opinion

  1. A lot of people see that five-mile radius as a way to keep particular people “out.” Has anyone considered that it’s been keeping NCS “in.” Once that radius is gone, the leadership at NCS is free to expand. They won’t go North to Wilmington, Centerville or Greenville – where old money tends to fund historic institutes of private education. NCS goes South to the next richest cache in New Castle County – they establish satellite campuses in Appo, where the new money lives. And in the process create a contiguous NCS district positively positioned once again where the money lives.

    Just food for thought.

    Liked by 1 person

    1. They can expand any time they want. They would have to apply for a new charter school. You can’t do “satellite campuses”, even if they are a franchise. Delaware state code dictates each one would be a new school, even if it has the same name.


  2. Turn the box on the edge. The plane is different. Meaning, right now NCS has to show its own support of the 5 miles radius – a comparison point to neighborhood school feeder patterns. To create a new school, with a new charter, without the radius, while still operating a school with the radius, creates a paradigm that DOE nor voters, nor legislators can condone. It wouldn’t past muster, not even in our corrupt DOE, not while the 5-mile radius continues to dominate criticism of charter education. It would be political suicide for the school. Now, the legislative removal of that 5 mile radius, that changes the whole game for NCS. It opens them to mobility, motility, and replication – in affluent areas only.


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